News

Treyger Speaks on Fourth Amendment Rights in Post-Argument SCOTUSCast

In a November 22 Federalist
Society post-argument SCOTUSCast, Professor Elina Treyger discusses
oral arguments in Fernandez v. California,
argued before the High Court on November 13, 2013.

The
question at issue is whether a defendant must be physically present to
successfully object when a co-tenant gives permission to police officers to
conduct a warrantless search, or whether the defendant's previously stated
objection to a warrantless search, while physically present, is a continuing
assertion of Fourth Amendment rights that cannot later be overridden by the
co-tenant.